Colonial records of Pennsylvania, Vol. VI, Part 74

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 814

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" At last, upon the Defeat of his Majesty's Forces for want of that timely support & assistance which it was in the Power of this Province to have afforded, I laid before you in the strongest Terms the Dangers to which this Country stood exposed, and called upon you to put it into a posture of Defence that the People might be secured against the Invasions naturally to be expected in conse- quence of that defeat, but all this was to no purpose. However, having been informed of the Report of the Lords of Trade against your address, and that your conduct was generally condemned in England, you thought fit to drop the old dispute concerning In- structions and to start a new one about taxing the Proprietary Es- tate, which you very well knew I had no power by my Commission to do, Besides, as the Proprietaries were absent and this your ex- traordinary Claim related to a matter of Property, and was con- trary to a Law in Force, you could not imagine that it would be easily given up or speedily determined, and, therefore, you could propose nothing by it, but, as usual, to evade the point of raising

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an armed Force & granting the necessary supplies ; And now, when in Consideration of the Distresses of this unhappy Country I have consented even to exceed the powers of my Commission in order to lay that dispute before his Majesty by a separate Bill for that particular purpose, you start a new Claim unknown to former Assemblies of having your Bills, giving Money, passed without Amendments, and upon no better Foundation than this imagined privilege you refuse the necessary Assistance to your bleeding Country. But, Gentleman, I must tell you that I cannot consistent with my Duty or the Trust reposed in me, recede from my Amend- ments to that your Bill; And here give me leave to express my Satisfaction at your intended Complaint against me, and to assure you that nothing gives me greater pleasure than the hopes of hav- ing my Conduct and yours laid before the Crown, where I hope they will both undergo the strictest Examination, and as I expec- no favour from you, so I am not afraid of the utmost efforts of your malice, being conscious to myself that I have done nothing to the prejudice of the people committed to my Care, or neglected any thing in my power that could tend to their security or lasting happiness.

" Upon the whole it appears clear to me that you never intended that any of your Bills should pass for raising Money to defend the Province, and this seems now to be placed beyond all dispute, since those People under whose Influence you are chiefly known to be are said to have declared publickly to you that they would sooner suffer than pay towards such purposes.

" However, I shall put one proof more, both of your sincerity & mine in our professions of regard for the publick, by offering to agree to any Bill in the present Exigency which it is consistent with my Duty to pass, lest, before our present Disputes can be brought to an issue, we should neither have a privilege to dispute about nor a Country to dispute in.

"ROBERT HUNTER MORRIS.

" Philadelphia, Nov". 22nd, 1755."

Extracts from the Minutes of Council commencing from the Pro- prietary William Penn, Esqr., his leaving the Province in 1701.

" On the old Proprietary's Departure from the Province in 1701 Andrew Hamilton, Esqr., was appointed Lieutenant Governor,* but by reason of the unsettled state of the Province, and the Assemblies differing with him chiefly on account of his pressing them to make a Militia Law, & to provide for the Defence of the Province, no Laws passed in his time, and he dying in March, 1703, the Council

* Extracts from the Minutes of Council, 1701.

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acted till Governor Evans' Appointment to the Goverment in Feb- ruary, 1703-4.

In Governor Evans' Time.

1705, Decembr. 27th. A Bill for granting a Supply for Support of Government read in Council and agreed to with some Amend- ment.

January 12th. An Amendment insisted on by the Governor to the Bill entituled " An Act for a raising a Supply of Two-pence half- penny Per Pound, and ten Shillings Per Head, viz: That the Assem- bly should not have power to dispose of any part of the Money to be raised by that Act, without the Governor's Concurrence," and it was agreed by the House [all then present with their Speaker David Lloyd] "that the Assembly should have no power to dispose of any of the said Money but for discharging of Debts then incum- bent on the Province, and for the necessary Charges of their own House, and that in all other Cases the Governor's Concurrence with the Assembly should be required," and the said Supply Bill was accordingly passed with the said Amendment.

NOTE .- Governor Evans, soon after passing this Law, likewise dif- fering with his Assemblies on the disagreeable subjects of Defence, few or no Laws were passed in the remainder of his Time; and he growing extremely obnoxious to the Assembly they got him super- seded, and he was succeeded by Colonel Gookin.

In Governor Gookin's Time.

1709, July 29th. In a message from the Assembly to the Gov- ernor pressing him to pass twelve Bills which had been sent up to him for his Concurrence by that & former Assemblies, amongst which were some Bills for raising Monies by County Levies, Dutys, &ca., are these words, vizt. : "Whereunto we earnestly desire thy Con- urrence with what other reasonable Bills may be prepared by this Assembly, or otherwise be pleased to let us know thy objections to hose Bills, and we shall readily agree to any reasonable Proposals f Amendments to them."

August 16th. In a Message from the Governor to the House, n his sending back the said Bills, to be new drawn by them, with ome Amendments, is this Clause :

" The Governor is very desirous that a Bill of Fees, distinct from hat of Courts may be immediately proceeded upon by a Committee s he before proposed, for he is of opinion with the Council, that it ill be the safest method to bring each distinct matter into a sepa- VOL. VI .- 46.

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rate Act, that in case one be rejected at home, the rest may not fall with it."

And accordingly a distinct Bill of Fees was prepared and Passed.

1710-11, Febry. 3d. Amendments proposed by the Governor in Council to the Bill for raising Monies by licensing Taverns allow- ed by the Assembly.

16-17 & 18. Amendments proposed by the Governor and Council to the following Bills, viz": " An Act for raising a supply of two pence per Pound and eight Shillings Per Head;" " An Act for licensing Taverns ;" "An Act for laying a Duty on Negroes, Wine, Rum, &ca,"' called the Impost Act, and " an Act for compel- ling the paying of all former Taxes allowed by the House & passed therewith."

1711, July 20th. Amendments proposed by the Governor and Council to the Bill entituled " An Act for raising of Two thousand Pounds to the Queen's use [for the Canada Expedition] by a Tax of 52s. + pound and twenty Shillings Per head;" one of which Amendment was, that the Monies should be paid by the Treasurer as the Governor should direct and appoint.

And the said Act was passed with the Governor's Amendments.

1712, May 27th. Amendments proposed by the Governor & Council to the Bill intituled " An Act for raising Money on the In- habitants of the City of Philadelphia for the Publick use and benefit thereof ;" Which passed the seventh of June after, with several other amended Bills for raising Monies by Duties, &ca.

1714-15, Mar. 23. Impost Bill amended by the Governor.

1715 May 26th. A Bill for laying a Duty on Wine, Rum, &c. A Bill for raising a Supply of one Penny Per Pound, and one Shilling Per head, & a Bill for laying a Duty on Negroes imported ; all amended by the Governor, allowed by the House and passed.

In Governor Keith's Time.

1717, February 21st. Amendments proposed by the Governor and Council to several Bills, viz": " An Act for laying a Duty on sundry Liquors retailed ;" "An Act for laying a Duty on Wine, Rum, &ca., and Hops and Flax imported ;" " An Act for continuing a Duty on Negroes," and " An Act for raising a Duty on Tonage of Ships."

N. B. In a message from the Assembly to the Governor relating to the Bills before they passed, is this expression, "That they ex- pected the Governor to send for them, in order to pass such Bills as had already been subjected to the Governor's Amendments and were finished by the House."

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1721, January 19th. Amendments by Governor and Council to two Bills, viz': " An Act for laying a Duty on Wine, Rum, &ca.,"' and " An Act for laying a Duty on Negroes, &ea,"' & both passed so amended.

1722, May 3d. Amendments proposed by the Governor and Council to " An Act for imposing a Duty on Convicts, &"."

May 9th. And to the Supplementary Act for raising County Levies.

In Governor Gordon's Time.

1729, May 10th. "An Act laying a Duty on Foreigners & Irish Servants ;" Also "An Act for emitting Thirty thousand Pounds," both passed with the Governor's Amendments.

1730-31, February 4th. The Assembly agrees to the Governor's Amendments to the Re-Emitting Bill and for striking Forty thou- sand Pounds.

1731, January 20th. Clause in a Speech, or Answer of the Governor's to a Message from the Assembly on a proposed Amend- ment of the Governor's to a Bill for payment of Assemblymen's Wages, and providing a Fund for it.

The Governor answered "that as he conceived he had an un- doubted right to offer Amendments & make Propositions on any Bill that should come before him, he had done so in the present Case."

1733, January 19th. Excise Bill passed with the Governor's Amendments. One of which was an alteration from Six-pence per Gallon to four pence ; and another was to reduce the Time of the Continuance of the Act from Five to three Years.

In Governor Thomas' Time.

1739, May 18th. A Money Bill, vizt. : " An Act for re-printing & re-emitting the Bills of Credit, & for striking Eleven thousand Pounds," passed with several amendments of the Governor's.

1740, May. In a dispute between the Governor & Assembly (Mr. Kinsey then Speaker) on the Bill for raising Money on the Inhabitants of the City, are these Expressions of the Assembly : " If the Bill abridges the Corporation in their Privileges or be de- ficient in the Powers of the Commissioners and Assessors, it may be amended by the Governor, & to which they would chearfully agree." . And further, And the Governor's power of insisting on any Amendment "proposed by himself where he shall think it just is what we never contended against."

1744, May 26th. Governor's Amendment of Excise Bill, agreed to by the House & passed so Amended.

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ting ex. Bill and

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1745, May 3d. Money Bill, viz: " An Act for re-emitting & continuing the Loan of the Bills of Credit," &ca., Passed with Gov- ernor's Amendments.

1746, June 24th. Act for raising Five Thousand Pounds for his Majesty's use, Passed with the Governor's Amendments.

A Bill entituled " An Act for the better ordering and regulating such as are willing and desirous to be united for Military purposes within this Province " having been presented to the Governor on the twentieth instant, was read, and tho' it was manifestly incon- sistent with an English Constitution and a direct violation of the rights of his Majesty, & only calculated to raise and foment differ- ences, yet it was judged better to pass than reject it, as it might do some good for the present, & would let the Ministers at home see what sort of sentiments were adopted by the persons who had the lead of the people, And, therefore, the Bill was returned with a Mess- age that the Governors would pass it, which is as follows :

A Message from the Governor to the Assembly. " Gentlemen :

" I have considered your Bill for the better ordering and regu- lating such as are willing and desirous to be united for Military Purposes within this Province, and tho' there are many things in it of a very extraordinary nature, and I am convinced that it will never answer the purpose of defending this Province, even if it could be carried into Execution in any reasonable Time, which I am afraid it cannot, Yet to shew you that I am desirous of doing any thing that has even a Chance of contributing to the safety of the people and Province, I shall consent to your Bill in the shape you have sent it, as it would be entring into new Disputes should I amend it properly.

"ROBERT HUNTER MORRIS.

"Philada., 22d Novr., 1755." .

Several Townships having formed themselves into Military Com- panies and chosen their Officers, Commissions issued according to their respective Petitions.

The Gentlemen appointed to enquire into the Transactions be- tween the Proprietaries & the Delawares & Shawonese Indians, in order to see if any just cause of Disgust had at any time been given them, made their Report, which was read, approved, and sent to the House with the following Message :

To the Honourable ROBERT HUNTER MORRIS, Esquire, Lieutenant Governor and Commander-in- Chief of the Province of Pennsylvania, & Counties of New Castle, Kent, & Sussex, upon Delaware:

" May it please the Governor :

" Your Honour and the Council having taken into Consideration

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the Message from the Assembly of the fifth Instant, wherein they 'request you would be pleased to inform them whether you know of any Disgust or Injury the Delawarcs or Shawonese have ever received from this Province, and by what means their affections can be so alienated as to take up the Hatchet against us,' and also their other Message of the Eighteenth instant on the same subject, wherein they ' enquire particularly whether the Chiefs of the Shawoncse did not in 1753 complain to this Government that satisfaction had not been made to them by the Proprietaries for a large Tract of Land, Part of which was surveyed into the Proprietary Manor on Cone- dogwainet, and whether they were not thon promised that applica- tion should be immediately made to the Proprietaries in their be- half to obtain the Satisfaction they desired, and whether such application has been made & the satisfaction obtained and given.' And it being by order of Council of the 19th day of November instant referred to us as a Committee of the said Council to examine all proper persons, and to inspect the Council Books, Indian Treaties, & other Books and Papers that could furnish us with any Lights into the subject matter of the said Messages, and to make our Re- port thereon : We now Report that we have peruscd the printed Indian Treaty held by Richard Peters, Isaac Norris, & Benjamin Franklin, Esquires, by special Commission from this Government, with the said Delaware and Shawonese Indians, &ca., at Carlisle, in October, 1753, which we suppose was the Time and place alluded to by the Assembly in their said Sccond Message of the said In- dians, making such Complaint of their not having received satis- faction for their said large Tract of Land expecting to sec some notice taken therein of such Complaint; but not finding in it any mention made thereof, we applied to the said Mr. Peters to know whether he remembered any such Complaint to have been made by the said Indians at Carlisle or elsewhere, or of any promise to make an Application for them to the Proprietaries for such satisfaction. To which he answered, That he did not remember ever to have heard at Carlisle or elsewhere of any such Complaint being made by the said Indians or any of them, or that any promise was ever given of making Application on their behalf to the Proprietaries for such satisfaction, and that he never understood that the Shawonesc had er could have any right to the said Land or any Land in this Pro- vince.

"That in order to find what Right the said Indians had or claimed to the said large tract of Land, and whether there was any just Foundation for such a Complaint. We have inspected all the Minutes of Council, & other Books and Papers that we conceived could assist us in the said Enquiry, and find that the Nation of In- dians called the Shawoncse are Southern Indians, who being rendered uncasy by their Neighbours came up to Conestogo about the Year 1698, making about 60 Families, and desired leave of the Sasquehanna Indians, who then lived there to settle on that River. That these

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Sasquehannah Indians applied to this Government that the Shawonese might be admitted to settle, and said that they would become an- swerable for their good behaviour. That the first Proprietary, William Penn, Esq., arriving soon after this Transaction, the Chiefs of the Shawonese and Sasquehanna Indians came to this City and renewing their said Application, the Proprietary agreed to their Settlement there ; whereupon the Shawonese came under the Pro- tection of this Government. From that time great numbers of those Indians followed them and Settled on Sasquehannah and the Upper parts of Delaware. That as they had joined themselves to the Sasquehannah Indians who were dependent on the Five Nations, they thereby fell also under their Protection. That several Treaties were held with those amongst the other Indians at different times by this Government, and from their first coming they were ac- counted and treated as our Indians. That some of their Young men about the Year 1727 committed some disorders in this Pro- vince, & tho' the Government had fully forgiven them for these Outrages, yet being on that account threatened by, and therefore afraid of the Six Nations, they removed to the River Ohio in the year 1728 or 1729, and there soon after put themselves under the protection of the French, who received them as their Children. That Messages were sent to this Government from them to return to us, & applications were made to the Six Nations to interpose and prevail on them so to do. And the better to in- duce and encourage them to leave the French, a large Tract of Land was offered them on the west side of Sasquehannah, where they had been settled before, and they were desired by all means to return thither. That the Proprietary, Thomas Penn, upon his arrival in the Year 1732, again pressed them to return and live upon this Land, which he promised them should be always kept for them and their Children if they would come and live upon it, but they declined it, saying, they were afraid of their Enemies, the Tuteloes, and that it was not convenient for their Hunting, but desired that the Land might be kept for them, which it has ever since been. But we find the Assembly are mistaken in their second Message in saying, that part of the said large Tract was surveyed into the Proprietary Manor on Conedogwainit, for the Fact was, that in order the more effectually to keep off any settlers on that large Tract, the Proprietaries caused the whole of it to be surveyed as a Proprietary Manor. And in looking into many of the Pro- prietary Indian purchases, we find that this Land has been bought over and over again by the Proprietaries as well of the Sasquehanna Indians as of the Six Nations to whom it did belong.

"We thought proper to report these matters thus particularly, that it might appear evident that the Shawonese did not originally belong to this Province & never had any right to any Lands in it or made any Pretensions thereto; but the Proprietaries from fa- vour, and to encourage those Indians to remove from the neighbour-

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hood of the French and live amongst us, offered them the said Large Tract of Land for their Habitation.

"We likewise find by the said Treaty, held by the said Commis- sioners at Carlisle in 1753, that the Chiefs of both these Nations of Delawares and Shawonese, did, in a solemn manner, renew the Treaties of Amity & Friendship with this Province.

"We further find, that in the Fall of the Year 1754, Mr. Weiser was deputed by this Government to have an Interview with the several Nations of Indians at Aughwick, amongst whom were some of the same Chiefs of the Delawares & Shawonese as were at Car- lisle the year before; and by his Journal it appears that these very Chiefs made the strongest Professions of their friendship to this Government & of the greatful sense they retained of the constant good usage & Favours they had received from it, and in particular of our procuring the discharge of some of the Shawonese, who had been made Prisioners at Carolina, and our kind Treatment of them in their return and goodness in sending them back to their Nation, and of their own accord did ratify, confirm, and renew their Leage with this Government, without making the least Complaint against the Proprietaries or this Governmt, on account of the said Tract of Land, or on any other account, as it is well known to all who are acquainted with Indian Affairs, they would have been ready enough to do if they had imagined they had any just Cause for it, & with- out making any Enquiry whether such application had been made to the Proprietaries & what the Success thereof had been, as it was natural to expect they would, if any such promise had been made them to do it; and, therefore, we conclude that they could then have no Displeasure at any thing done to them either by the Pro- prietaries or Government before that time.

" And we further beg leave to remind your Honour that at one of the Conferences lately held with Scarroyody, one of the Six Nation Chiefs and Andrew Montour, in the Council Chamber, they being particularly asked, if the Delawares or Shawonese had any Cause of Complaint given them by this Government; they declared that those Indians had never mentioned any to them, and that they never heard or did believe they had any; but that they attributed their Defection wholly to the Defeat of General Braddock, and the en- crease of Strength and reputation gained on that Victory by the French, & their intimidating those Indians and using all means by promises & Threats, to seduce and fix them in their Interest; and to the seeming weakness & want of Union in the English, and their appearing unable or unwilling to protect them, & particularly this Government, who had constantly refused to put the Hatchet into their Hands ; And we beg leave to say, we are entirely of opinion that this is the true and sole Cause of their Defection.

"Upon the whole we beg leave to assure your Honour, that from a careful Inspection & Examination of all the Transactions between

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this Government and the said Delaware & Shawonese Indians, we find the Conduct of the Proprietaries and this Government has been always uniformly just, fair, and generous towards those In- dians, & that it does not appear to us, that they could have any pre- tence of right to the said Land, or any part of it, or any just Foundation for any claim thereof, unless from the said Voluntary offer, so made them by the Proprietaries, to come and live on the said Land, which they declined and refused to accept of; nor that they had any just cause of Complaint against the Proprietaries or this Government, on that or any other account ; and that if they had made any such Complaint at the said Treaty at Carlisle, in 1753, the said three Commissioners who knew so well what was proper, and have so minutely set forth the Transactions of that Treaty in their said Printed Report thereof, which they therein call a full and just account of all their proceedings, could not pos- sibly have omitted so material an one; but if any such thing was there really spoken of by those Indians, they must, as we do, look . upon it as a Groundless, insignificant Claim, and not worthy of be- ing inserted in their said Report.

" ROBERT STRETTELL, " JOSEPH TURNER, " THOMAS CADWALADER.

" Philadelphia, Nov". 22nd, 1755."

A Message from the Governor to the Assembly.

" Gentlemen :

" Had you been as explicit in your first Message as you was in your last about the Shawanese Indians, I should have been sooner able to have given you a full answer as to your Enquiries upon that Subject.

"The Government of this Province has ever been remarkable for its just and favourable Treatment of the Indians; and so far have the Proprietaries been from depriving them of their Lands without paying for them that they have purchased the most of them more than once ; and the Indians on their parts have upon all oc- casions acknowledged this Justice, and in return made warm pro- fessions of their Friendship & Affection to the Proprietaries & People of this Province, and I never heard either of the particular Complaint you mention in your Message of the Eighth Instant or of any Complaint of the kind. However, as it was before my ad- ministration, I referred the matter to the Consideration of a Com- · mittee of the Council, who have carefully examined the several Treaties & Transactions of those Indians, & have made a full Re- port as to the matters you enquire about, which I send you with

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this, and from which it seems clear to me that no such Complaint or promise was ever made.

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Colonial records of Pennsylvania, Vol. VI, Part 74

Author: Publication date: 1838 Publisher: [Harrisburg] : By the State Number of Pages: 814

Author:
Publication date: 1838
Publisher: [Harrisburg] : By the State
Number of Pages: 814